Little Red River Cree Nation #447 v. Laboucan
The appeal was dismissed because its sole ground was a novel constitutional argument not raised at trial and thus could not properly be raised on appeal where the respondent had no opportunity to file evidence; costs were ordered at the high end of Column V of Tariff B because the argument was doomed to fail.
Source-derived case information.
- Citation
- 2011 FCA 87
- Parties
- Appellant: Little Red River Cree Nation #447; Respondent: John M. Laboucan
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 March 2011
- Procedural Posture
- Appeal / Decision on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Raising New Constitutional Issues on Appeal, Appellate Procedure, Costs Assessment, Evidentiary Opportunity for Respondent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Little Red River Cree Nation #447
Appellant
John M. Laboucan
Respondent
Procedural Posture
Appeal / Decision on Appeal
Legal Issues
- 1 Whether an appellant may raise a novel constitutional argument on appeal that was not raised at trial and for which the respondent had no opportunity to file evidence
- 2 Whether the respondent is entitled to an increased award of costs for an appeal based solely on a doomed constitutional argument
Ratio Decidendi
The appeal was dismissed because its sole ground was a novel constitutional argument not raised at trial and thus could not properly be raised on appeal where the respondent had no opportunity to file evidence; costs were ordered at the high end of Column V of Tariff B because the argument was doomed to fail.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to respondent to be assessed at the high end of Column V of Tariff B
Full Case Text
Judgment text and source record
1 paragraphs
Little Red River Cree Nation #447 v. Laboucan Court (s) Database Federal Court of Appeal Decisions Date 2011-03-08 Neutral citation 2011 FCA 87 File numbers A-273-10 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20110308 Docket: A-273-10 Citation: 2011 FCA 87 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: LITTLE RED RIVER CREE NATION #447 Appellants and JOHN M. LABOUCAN Respondent Heard at Edmonton, Alberta, on March 8, 2011 Judgment delivered from the Bench at Edmonton, Alberta, on March 8, 2011 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20110308 Docket: A-273-10 Citation: 2011 FCA 87 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: LITTLE RED RIVER CREE NATION #447 Appellants and JOHN M. LABOUCAN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton, Alberta, on March 8, 2011) NOËL J.A. [1] We see no basis for interfering with the decision of Justice Gauthier. The only basis for the appeal is a novel constitutional argument that was not put before her and with respect to which the respondent did not have the opportunity to file evidence. As such, it cannot be raised on appeal. [2] The respondent claims that an increased award of costs in order. We agree. The argument was doomed to fail and should not have been pursued. [3] The appeal will be dismissed with costs to be assessed at the high end of Column V of Tariff B. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-273-10 (APPEAL FROM A JUDGMENT OF THE HONOURABLE MADAM JUSTICE JOHANNE GAUTHIER DATED JULY 2, 2010, DOCKET NO. T-2003-09) STYLE OF CAUSE: LITTLE RED RIVER CREE NATION #447 v. JOHN M. LABOURCAN PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: March 8, 2011 REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER & TRUDEL JJ.A.) DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Priscilla Kennedy FOR THE APPELLANTS Janet Hutchison FOR THE RESPONDENT SOLICITORS OF RECORD: Davis LLP Edmonton, Alberta FOR THE APPELLANTS Chamberlain, Hutchinson Edmonton, Alberta FOR THE RESPONDENT